Hawaii Side-Impact Collision Settlements and Case Examples

See average payouts for Hawaii side-impact accidents. Explore injury settlements for cases similar to yours.

Nationwide, one out of every four traffic accidents is a side-impact collision.¹ At that rate, more than 100 Hawaii drivers are involved in a side-impact crash every year.²

The average payout for a moderate side-impact collision in Hawaii is $36,771. Settlements range from an average of $9,105 for minor injuries to $378,151 for severe injuries.

Side-impact collisions include any accident where the point of impact is along the side of the victim’s vehicle, including T-bone or broadside crashes, and sideswipe accidents. In some accidents, the victim’s car was forced into the path of oncoming traffic, or the vehicle rolled after impact.

Average Payouts for Hawaii Side-Impact Collisions

Our averages are based on an analysis of actual car accident injury cases filed in Hawaii courts. The group does not include claims or lawsuits that failed to result in a payout, or wrongful death cases.

Average Payout by Severity of Injury

Minor Injury $9,105
Moderate Injury $36,771
Severe Injury $378,151

Types of Injuries

Many side-impact collision victims suffer from one ore more types of traumatic injury, including:

Factors Affecting Hawaii Accident Payouts

The driving factor in calculating car accident payouts is the type and severity of injuries, and the resulting medical expenses. The settlement for a visit to urgent care for a mild neck sprain will be smaller than a settlement for disfiguring facial injuries with reconstructive surgery bills.

Injury settlements and court awards are intended to compensate for all the victim’s injuries, major and minor. Most side-impact crash victims suffer from multiple injuries.

Important factors that can alter your final payout:

  • No-Fault Injury Claims – Hawaii is a no-fault state. Accident victims must first file a minor injury claim under their own insurance policy’s Personal Injury Protection (PIP) coverage, regardless of who caused the crash. PIP does not pay for pain and suffering.
  • Contributory Negligence Rules – If your injuries are serious enough to cross the no-fault threshold, you can pursue compensation from the at-fault driver’s insurance company, even if you contributed some fault to the accident. You are eligible for compensation so long as you are equally or less to blame for your injuries than the other driver. Your final payout will be reduced according to your percentage of fault.
  • Liability Limits – Drivers in Hawaii are required to carry minimum bodily injury liability coverage of $20,000 per person and $40,000 per accident. The at-fault driver’s policy limits may not be enough to cover severe injuries.
  • Multiple Claimants – Similarly, when multiple people are injured in the same accident, the at-fault driver’s liability limits may not be enough to go around.
  • Uninsured (UM) and Underinsured (UIM) Coverage – Insurers are required by law to offer optional uninsured and underinsured motorist coverage to policyholders. If you are badly hurt by an uninsured or underinsured driver, these optional coverages will make a big difference in your final payout.
  • Location – Courts in some jurisdictions have a history of issuing large awards to car accident victims. In these areas, the insurance adjuster may offer a higher settlement to keep your case out of court.
  • Non-Economic Damage Caps – Hawaii laws limit pain and suffering awards to $375,000 in most personal injury cases.

Minor Injury Case Examples

Minor injuries from a side-impact accident can include soft-tissue injuries like scrapes, minor cuts, bumps and bruises. There may be muscle sprains or strains that are stiff and sore for several days. You should be fully recovered from minor injuries within a couple of weeks.

Side Impact from Left turn in Victim’s Path

Type of Injury: Soft tissue neck injury
Award/Settlement Amount: $4,200
Case Summary: Plaintiff and defendant were driving in opposite directions. As defendant attempted to make a left turn onto an entrance ramp, he collided with plaintiff’s oncoming automobile. Plaintiff alleged that defendant was negligent in failing to yield the right-of-way and in making a left turn directly into the path of her oncoming vehicle. Plaintiff suffered soft tissue neck injury and claimed $3,000 in medical specials. Defendant contended that he was not negligent and that plaintiff’s negligence in driving at an excessive rate of speed was the proximate cause of the accident. Plaintiff’s award of $5,250 less 20% comparative negligence yielded a net verdict of $4,200.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Jungblut v. Nishio, 29997

Negligent Left Turn Into Oncoming Traffic

Type of Injury: Myofascial pain syndrome and soft tissue neck, back and shoulder injuries
Award/Settlement Amount: $8,326
Case Summary: Plaintiff and defendant were traveling in opposite directions. Defendant made a left turn in front of plaintiff’s oncoming vehicle, resulting in a collision. Plaintiff said he suffered myofascial pain syndrome and soft tissue neck, back and shoulder injuries as a direct result of the collision. Defendant contended that plaintiff had preexisting back problems and that plaintiff’s injuries were not proximately related to the collision. Jury ruled in favor of plaintiff. He received $8,326 including: $4,326 economic damages and $4,000 non-economic damages.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Brown v. Marquez, 08–1–0154

Driver T-Bones Victim After Running Stop Sign

Type of Injury: Back and knee injuries
Award/Settlement Amount: $10,000
Case Summary: Plaintiff and Defendant, who was operating a vehicle owned by co-defendant, were traveling on intersecting streets. Defendant’s view of a stop sign was obscured by a van parked at the corner. As Defendant entered the intersection of the two streets, he struck the right passenger door of plaintiff’s vehicle. Plaintiff alleged that: defendant driver was negligent in disregarding a stop sign; she suffered back and knee injuries in the collision requiring spinal fusion, a laminectomy and arthroscopic surgery; and she was inactive due to her injuries resulting in weight gain. Defendant contended that plaintiff gained 100 pounds subsequent to the accident and that plaintiff’s medical problems were proximately related to the weight gain. Jury ruled for plaintiff, awarding her $10,000.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Villaver v. Sylva, 10-1-2445

Driver’s Side Impact by Car Exiting Side Street

Type of Injury: Low back injuries and aggravation of preexisting osteoarthritis and osteoporosis
Award/Settlement Amount: $10,500
Case Summary: Plaintiff was traveling on Route A. Defendant pulled out from a side street and struck the rear driver’s side of plaintiff’s vehicle. Plaintiff suffered a variety of injuries, including low back injuries. She had previously been diagnosed with osteoarthritis and osteoporosis and had suffered a compression fracture of the lumbar spine. Post-accident, plaintiff underwent a lengthy course of treatment with an internist and an orthopedic surgeon. Defendant admitted liability, but contended that plaintiff’s low back problems were proximately related to her preexisting conditions. Jury awarded plaintiff $10,500.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Rafol v. Mateo, 09–1–065K; CAAP–11–0000336

Inattentive Driver Sideswipes Oncoming Vehicle

Type of Injury: Neck sprains and strains, hyperextension-flexion injury with radiculopathy, and headaches
Award/Settlement Amount: $12,500
Case Summary: Plaintiff and defendant were driving in opposite directions. Defendant leaned over to retrieve an item from the floor of her vehicle, crossed the center line, and sideswiped plaintiff’s vehicle. Plaintiff suffered neck sprains and strains, hyperextension-flexion injury with radiculopathy, and headaches. Defendant contended that plaintiff was contributorily negligent in failing to sound her horn and in failing to take further evasive action. Jury awarded plaintiff $12,500 in economic damages and non-economic damages.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Kato v. Funari, 27237

Moderate Injury Case Examples

Moderate injuries from a side-impact collision are more serious and take longer to heal. Moderate injuries include more extensive soft-tissue injuries, concussions, and painful disc injuries. Victims may be left with partial permanent impairments.

Side Impact Lane Change Send Victim’s Car Spinning

Type of Injury: Headaches; neck and right shoulder pain
Award/Settlement Amount: $20,942
Case Summary: Plaintiff and defendant were traveling on a two-lane highway. Defendant changed lanes and struck the side of plaintiff’s vehicle, causing it to spin out of control and into a cable barrier where it dangled over a 100 to 150-foot drop. Plaintiff contended that she suffered severe debilitating headaches and neck and right shoulder pain as a direct result of the accident. Defendant contended that absent trauma to the head, an accident of this type would not cause headaches lasting for eight years and that any headaches caused by the accident should have progressively improved and not worsened. Plaintiff’s award of $ 41,062 less 49% comparative negligence yielded a net verdict of $ 20,942.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Brende v. Hara, 27964

Right Turn From Middle Lane Broadsides Victim’s Vehicle

Type of Injury: Soft tissue back injuries
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was traveling in the right lane of three westbound lanes. Defendant was driving in the middle lane at a slower-than-normal speed, looking for a store in a shopping center. He spotted the store, attempted to make a right turn from the middle lane and struck plaintiff’s vehicle broadside, forcing it off the roadway. Defendant was cited for making an unsafe lane change. Plaintiff suffered soft tissue back injuries resulting in 5% impairment of the lumbar spine. Defendant contended that plaintiff should have realized he was attempting to make a right turn and that plaintiff was contributorily negligent. Jury found for plaintiff in the amount of $25,000.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Dias v. Stender, 02–1–0091

Improper Left Turn Causes Side-Impact Collision

Type of Injury: Soft tissue cervical spine injuries
Award/Settlement Amount: $29,000
Case Summary: Plaintiff and defendant were traveling in opposite directions on a two lane street. Defendant attempted to make a left turn in front of plaintiff’s oncoming vehicle, and the two vehicles collided. Defendant was cited for making an improper left turn. Plaintiff alleged that defendant was negligent in failing to yield the right-of-way and in failing to keep a proper lookout. He suffered soft tissue neck injuries resulting in 10% permanent partial disability. Defendant contended that plaintiff was contributorily negligent in traveling at an excessive rate of speed. Plaintiff’s award of $24,189 plus interest yielded a total verdict of $29,000.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Jou v. Schmidt, 05–1–0615

Victim Collides with Car Backing Into Oncoming Traffic from Driveway

Type of Injury: Soft tissue injury to the cervical spine in neck
Award/Settlement Amount: $44,955
Case Summary: Plaintiff was driving on Street A. As defendant backed his automobile out of a driveway onto Street A, plaintiff struck defendant’s vehicle on the rear passenger’s side. Defendant was given a written warning for failure to grant right-of-way. Plaintiff said he suffered soft tissue injury to the cervical spine in neck and claimed $4,300 in medical specials and $12,000 in lost income. Defendant did not admit liability, but did not seriously contest it. Defendant contended that: plaintiff had prior and subsequent injuries; treatment only lasted four to five months; and plaintiff’s current limitations, if any, were not proximately related to the accident. Jury found for plaintiff in the amount of $47,320 less 5% comparative negligence for a net verdict of $44,955: $14,820 economic damages and $32,500 pain and suffering.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Vincent v. Clouse, 10–1–2336

High-Impact Crash from Negligent Left Turn Out of Gas Station

Type of Injury: Bulging disc at L3-L4 and L4-L5; degenerative disc disease of lumbar spine; tear of medial meniscus of right knee and aggravation/ acceleration of preexisting arthritis of right knee; Soft tissue neck and back injuries.
Award/Settlement Amount: $45,443
Case Summary: Defendant was attempting to make a left turn out of a gas station onto Street A. Plaintiff was traveling on Street A, to the left of defendant. As defendant pulled out of the gas station, the right front portion of plaintiff’s vehicle struck the left front door of defendant’s vehicle. The impact was significant. Plaintiff suffered bulging discs at L3-L4 and L4-L5, degenerative disc disease of lumbar spine, tear of medial meniscus of right knee and aggravation of preexisting arthritis of right knee and soft tissue neck and back injuries. Defendant contended that plaintiff was contributorily negligent in traveling in at an excessive rate of speed and in failing to keep a proper lookout. Plaintiff’s award of $50,492 less 10% comparative negligence yielded a net verdict of $45,443.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Jones v. Iamwong, 01–1–2939

Car Turns in Front of Tractor-Trailer Without Warning

Type of Injury: Chronic cervical and lumbar radiculopathy; strains and sprains of the cervical, thoracic, and lumbar spines; and L5-S1 discopathy
Award/Settlement Amount: $55,284
Case Summary: Plaintiff, a tractor-trailer driver, contended that as he entered an intersection, defendant suddenly and without warning or signals attempted to turn left directly in front of him. Plaintiff sustained chronic cervical and lumbar radiculopathy; strains and sprains of the cervical, thoracic, and lumbar spines; and L5-S1 discopathy. The defendant denied negligence and contended that the plaintiff was speeding. Defendant disputed plaintiff’s injuries and maintained that plaintiff had been involved in several prior accidents involving his neck and back. Plaintiff argued that he had not been treated by a chiropractor or physician since a minor lifting accident four years before this accident. The arbitrator apportioned 65 percent of the plaintiff’s damages to a previous accident and awarded plaintiff $55,284.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Lewis v. Jorgensen, 903638

Severe Injury Case Examples

Some side-impact crashes are particularly violent, especially for the victim on the side of the vehicle that takes the hit. Trauma injuries from side-impact collisions can include serious neck, back, or brain injuries, disfigurement, and multiple fractures. Victims may be left with significant impairments.

Broadside Impact Spins Victim’s Car That’s Then Hit By Truck

Type of Injury: One-half inch scar on lip; continuing headaches
Award/Settlement Amount: $129,762
Case Summary: Plaintiff was a passenger in an automobile operated by her mother traveling north. Defendant1 struck plaintiffs’ vehicle broadside which subsequently spun around and was struck by a truck owned by Defendant2 and operated by Defendant3. Plaintiff suffered one-half inch scar on lip and continuing headaches. Defendant1 contended that a phantom vehicle struck his vehicle and left the scene and that he lost control of his vehicle due to the negligence of the unknown motorist. The jury found Defendant1 80% negligent and Defendant2 20% negligent. Defendants 2 and 3 settled with plaintiffs for the sum of $ 15,000 prior to trial. Plaintiff’s mother settled with all defendants during jury selection for $ 144,762 less $ 15,000 set-off.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Fresch v. Kanui, CAAP-13-0000129; 97-0448

Tractor-Trailer Sideswipes Car During Lane Change

Type of Injury: Permanent soft tissue neck and back injuries
Award/Settlement Amount: $184,099
Case Summary: Plaintiff was traveling southbound on a secondary road on a clear day. Defendant was operating a tractor-trailer in the same direction. Vehicles in front of defendant stopped to make a left turn. As defendant attempted to move into the right lane, he sideswiped plaintiff’s vehicle. Plaintiff argued that defendant was negligent in failing to keep a proper lookout and in making an improper lane change and that he suffered permanent soft tissue neck and back injuries in the collision. Defendant contended that plaintiff was comparatively negligent in failing to take action to avoid the collision. Jury found for the plaintiff in the amount of $184,099: $9,099 past medicals and $175,000 pain and suffering.
Location: Maui County, Hawaii
Case Name and Docket Number: Medeiros v. Choy, 11–1–2004–09

High-Impact Crash Into Victim’s Door by Driver Running Light

Type of Injury: Herniated cervical disc in neck; bulging lumbar disc in back
Award/Settlement Amount: $240,000
Case Summary: Plaintiff was traveling north, approaching an intersection with a flashing green light. Defendant was traveling eastbound and had a flashing yellow light in his direction of travel. Defendant entered the intersection and struck the driver’s door of plaintiff’s vehicle. The impact was significant and defendant was cited for failing to observe the flashing light. Plaintiff alleged that defendant was negligent in: traveling at an excessive rate of speed; and failing to yield the right-of-way. Further, he suffered a herniated cervical disc and a bulging lumbar disc as a result of the collision. Defendant contended that: he stopped at the intersection and did not observe plaintiff’s vehicle; plaintiff had preexisting diabetic neuropathy and numbness in his arms; and plaintiff’s injuries were not proximately related to the collision. Jury awarded plaintiff $ 240,000.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Pogoso v. Sarae, 11–1–1172–06

T-bone Collision Caused by Driver Running Red Light

Type of Injury: Buccal plate fracture of cheek; avulsion of front tooth; discoloration of front tooth; root injury to two adjacent teeth; post-concussive syndrome, chronic headaches and soft tissue neck, back and knee injuries
Award/Settlement Amount: $282,250
Case Summary: Plaintiff was approaching an intersection controlled by a traffic light. Defendant was driving on the intersecting street. Plaintiff proceeded into the intersection, intending to make a left turn. Defendant disregarded a red light and broadsided plaintiff’s vehicle. He admitted traveling at 40 m.p.h. before entering the intersection. Plaintiff suffered buccal plate fracture of cheek, avulsion of front tooth requiring reimplantation, discoloration of front tooth, root injury to two adjacent teeth, post-concussive syndrome, chronic headaches and soft tissue neck, back and knee injuries. Defendant contended that: he was slowing down at the time of the accident; he entered the intersection on a green light; and plaintiff came into the intersection from the wrong side of the road. Jury found for plaintiff in the amount of $282,250.
Location: Honolulu County, Hawaii

Pickup Crashes Into Car as Both Enter Highway

Case Name and Docket Number: DeCambra v. Yamada, 96–556
Type of Injury: Fractured tibia and fibula (leg)
Award/Settlement Amount: $288,000
Case Summary: Plaintiff was driving south. On reaching an intersection which was controlled by a yield sign, plaintiff stopped before making a left turn. A large truck was traveling in the opposite direction with its turn signal indicating that it would turn right onto the highway. As plaintiff pulled across the northbound lane, defendant’s pick-up truck collided with plaintiff’s vehicle. Plaintiff alleged that; defendant’s truck was hidden by the large truck; and defendant must have pulled around the truck as she was turning. Plaintiff suffered fractured tibia and fibula (leg) resulting in a non-union requiring four surgical procedures. Defendant contended that he was not speeding and that he did not see plaintiff’s vehicle until she pulled out in front of his truck. Jury returned a plaintiff verdict for $288,000.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Samson v. Nahulu, SCWC–10–0000102

Intoxicated Driver Makes Left Into Oncoming Traffic

Type of Injury: Dislocated and fractured right hip; lumbar (back) spine injury; knee injury
Award/Settlement Amount: $622,949
Case Summary: Plaintiff, an employee of Defendant1, drove a company automobile to a party after working at a carnival. Defendant2, plaintiff’s father, was at the party. Plaintiff allowed defendant2 to operate the automobile while he slept in the back seat. Defendant2 made a left turn in front of an oncoming vehicle, resulting in a collision. Plaintiff suffered a dislocated and fractured right hip requiring total hip replacement, lumbar (back) spine injury and knee injury. Defendant1 contended that: defendant2 was not its agent at the time of the accident; plaintiff knew or should have known that his father was impaired by alcohol; and plaintiff was contributorily negligent in allowing defendant2 to drive the company automobile. Case settled for $ 622,949.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Kobashigawa v. Silva, SCWC–30639

Driver Runs Stop Sign, Hits Victim’s Car Forcing It Off Road

Type of Injury: Back injury; exacerbation of multiple sclerosis resulting in total disability
Award/Settlement Amount: $900,000
Case Summary: Plaintiff and defendant were traveling on intersecting streets. Defendant ran a stop sign and struck plaintiff’s vehicle, forcing it over the curb where it struck a gazebo. The gazebo collapsed onto plaintiff’s automobile. Plaintiff injured her back and underwent two surgeries. She subsequently developed multiple sclerosis. Defendant contended that she stopped at the stop sign and that plaintiff struck her vehicle as she slowly proceeded into the intersection. Case settled for $ 900,000 after one day of trial. Per counsel, plaintiff’s independent witness testified that he observed defendant drive through the stop sign at 35 m.p.h. and that he was certain an accident would occur. Defendant’s credibility and plaintiff’s independent witness testimony impacted settlement.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Kikuchi v. Brown, 26090

Methodology

Our side-impact crash data is drawn from actual Hawaii car accident cases that either settled out of court or won a jury award after trial. This group does not include denied insurance claims, wrongful death cases, or cases that lost at trial.

Averages are calculated by adding the payouts in a group, then dividing the total by the number of cases in the group.

When a case has more than one injured plaintiff, we used the highest payout issued to one plaintiff to avoid overstating the payout one injury victim might expect from a similar claim.